[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Rules and Regulations]
[Page 57949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27042]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XS79


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Central Regulatory Area of the Gulf of Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; prohibition of retention.

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SUMMARY: NMFS is prohibiting retention of Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring 
that catch of Pacific cod in this area be treated in the same manner as 
prohibited species and discarded at sea with a minimum of injury.
    This action is necessary because the amount of the 2009 total 
allowable catch (TAC) of Pacific cod apportioned to vessels catching 
Pacific cod for processing by the inshore component in this area has 
been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 5, 
2009, through 2400 hrs, A.l.t., December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    The amount of the 2009 Pacific cod TAC apportioned to vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area (Statistical Areas 620 and 630, between 147 
degrees and 159 degrees W. longitudes) of the GOA is 21,277 metric tons 
(mt) as established by the final 2009 and 2010 harvest specifications 
for groundfish of the GOA (74 FR 7333, February 17, 2009).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the amount 
of the 2009 Pacific cod TAC apportioned to vessels catching Pacific cod 
for processing by the inshore component in the Central Regulatory Area 
of the GOA has been reached. Therefore, NMFS is requiring that further 
catches of Pacific cod caught by vessels catching Pacific cod for 
processing by the inshore component in the Central Regulatory Area of 
the GOA be treated as prohibited species in accordance with Sec.  
679.21(b). This inseason action does not apply to vessels fishing under 
a cooperative quota permit in the cooperative fishery in the Rockfish 
Program for the Central GOA.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the prohibition of retention of Pacific cod by any vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of November 4, 2009.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 5, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-27042 Filed 11-5-09; 4:15 am]
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